When we move our family members to a nursing home or assisted living facility, we’re entrusting their health and safety to the facility’s owners, administrators, and staff members. Unfortunately, far too many seniors do not receive the attentive and respectful care they deserve and instead suffer neglect or worse at nursing homes.
Whether it’s through intentional harm or neglect, many nursing homes residents find themselves enduring painful injuries. If you or someone in your family is the victim of nursing home neglect or abuse, the Staunton nursing home abuse attorneys at the Kendall Law Firm are ready to fight for justice on your behalf.
At Kendall Law Firm, we have more than 30 years of legal experience handling personal injury claims. We also have a proven record of success, having recovered millions of dollars for our clients. No matter how complicated your case may seem, we can evaluate the situation and help you understand your options. Get a free case review today by calling our Staunton office or visiting our contact page.
Staunton is a charming city and attracts many retirees due to its location in the Shenandoah Valley and moderate climate. As a result, nursing homes and assisted living facilities have sprung up throughout the area. Some of the nursing home facilities in the Staunton area include:
One would hope that the increased number of senior living facilities in this part of Virginia would mean they are providing quality care to their residents. However, a 2017 report from local TV news station WTKR shows that dozens of nursing homes across the state have faced serious fines in recent years. The violations include 176 counts of either failing to screen job applicants to identify those with a record of abusing patients or failing to report and investigate allegations of patient abuse.
While there are undoubtedly many compassionate and dedicated people working in Virginia nursing homes, chronic understaffing issues and lax hiring practices often mean patients are not getting the care and attention they need.
There are many different kinds of abuse and neglect that can happen to a resident of a nursing home or assisted living facility. The more common forms of neglect include:
If you suspect someone in your family has been abused at a nursing home or assisted living facility, it’s important to know that residents have specific rights guaranteed under state law. These rights include:
When nursing homes and assisted living facilities fail to uphold their patients’ rights, they may be held liable for the injuries that a patient sustains. However, many patients may have difficulty arguing on their own behalf because of physical or psychological impairments. In these cases, it’s up to the patient’s family and the legal system to protect them.
There are a number of issues that make it a challenge to hold nursing homes and assisted living facilities accountable in neglect and abuse cases. The biggest issue is that in many cases, the resident has a limited ability to speak on their own behalf. Without direct testimony from the resident, their families and advocates have to use indirect means to prove the case, such as medical records, testimony from expert witnesses, and surveillance footage.
Another tactic many nursing homes will use to dodge blame for neglect is to shift the fault to the resident or their family. If the resident is injured in a fall, he or she may say it’s the patient’s fault because they broke the rules or didn’t ask for help when getting up. If the resident has been under constant sedation, the nursing home may argue that the resident’s family never asked about the treatment they were receiving or didn’t seem to care.
It can also be hard to link a specific injury to the actions or neglect of a nursing home. However, with a good lawyer at your side, you stand a much better chance of holding a nursing home accountable for their poor behavior.
Any time a nursing home resident suffers abuse is a genuine tragedy. If this has happened to you or someone in your family, we want to help however we can. At Kendall Law Firm, we know the toll that abuse can take on older family members, and we know how to hold accountable those who caused the harm. We know the questions to ask.
Once we have the evidence we need, we’ll fight aggressively to see that your family gets just compensation for the injuries and indignities your loved one has suffered. We settle most cases out of court, but we’re not afraid to bring a case to trial to bring you and your loved justice.
If you or someone in your family has suffered nursing home abuse, we’ll help you hold the perpetrators of the abuse accountable. For a free initial consultation with a skilled and compassionate attorney, call the Staunton office of Kendall Law Firm or visit our contact page.